The trademark ESM PRO was filed by ESM GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on July 31, 2024, and received one opposition filed on October 30, 2024 by ESM Ennepetaler Schneid- und Mähtechnik GmbH & Co. KG on Likelihood of confusion. the opponent was represented by PATENTANWÄLTE DÖRNER & KÖTTER PARTG MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 30, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with Grinding preparations and Cleaning preparations..
The mark was filed in class 7 with following description of goods:
Tools [parts of machines]
Machine tools
Power operated tools
Mechanical tools
Grinding tools for grinding machines
Grinding tools [parts of machines]
Grindstones [parts of machines]
Abrasive discs [machine tools]
Discs for cutting for use with power tools
Compressors
Compressors [machines]
High pressure washers
Pressure washing machines
Vacuum cleaners
Jets being parts of machines
Boring tools [machine tools]
Rotary drills [parts of machines]
Tools for machine tools
Tighteners [machines].
The mark was filed in class 8 with following description of goods:
Grindstones [hand tools]
Pearl catchers [hand-operated tools]
Hand-operated sanders
Abrading instruments [hand instruments]
Cutting discs for use with hand operated tools
Borers
Gimlets [hand tools]
Drill sharpeners (Hand operated -)
Hand-operated tools for repair of vehicles
Tensioners [hand-operated tools]
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance.
The mark was filed in class 9 with following description of goods:
Goggles
Clothing for protection against fire
Clothing for protection against radiation
Fire resistant gloves
Shoes (Protective -)
High-visibility safety clothing
Safety gloves for protection against accident or injury
Protective work clothing [for protection against accident or injury]
Safety clothing for protection against accident or injury
Nets for protection against accidents
Apparatus, instruments and cables for electricity
Safety, security, protection and signalling devices
Disposable gloves for laboratory use.
The mark was filed in class 17 with following description of goods:
Watering hose
Thermally insulated pipes made of plastic
Pre-formed hose
Hoses adapted for irrigation purposes
Caulking materials
Weatherstripping sealants in the nature of caulk
Water-tight rings
Sealing and insulating materials
Insulating materials produced from plastics
Duct tapes
Self-adhesive tapes for packings
Tapes (Adhesive -) for electrical insulating purposes
Seals, sealants and fillers
Insulation and barrier articles and materials.
The mark was filed in class 21 with Nozzles for watering hose and Nozzles for hosepipes..
The mark was filed in class 22 with following description of goods:
Tie-down straps, not of metal
Plastic sheet materials [tarpaulins]
Tarpaulins made from plastics coated materials
Waterproof covers [tarpaulins]
Brattice cloth
Bags and sacks for packaging, storage and transport
Nets.
The mark was filed in class 24 with Adhesive fabric.
The mark was filed in class 25 with following description of goods:
Work shoes
Work clothes
Functional underwear
Weatherproof clothing
Gloves [clothing].
The mark was filed in class 35 with Advertising, marketing and promotional services.